Alaska Rules of Civil Procedure

Does a process server have to be licensed in Alaska?

Yes.

Alaska Process Server Licensing Requirements

Process servers must be licensed by the Commissioner of Public Safety. A surety bond of $15,000 must be posted by each process server. The bond applies principally to theft that may arise out of levies and executions. In order to receive a process server’s license, all applicants must pass a written examination. [Alaska Administrative Code, Title 13, section 067.5 thru 067.100] More information below under 067.30. Process Server Application and Supporting Documents heading in the Other Applicable Information about Service of Process in Alaska section. For resources on becoming a process server in Alaska go to ServeNow's Become a Process Server page.

Alaska Service of Process Laws to Note

The Federal Law on this subject is covered in Title 18 U.S.C. § 1501, which provides in relevant part: Assault on Process Server Whoever knowingly and willingly obstructs, resists or opposes any officer of the United States, or other person duly authorized, in serving, or attempting to serve or execute, any legal or judicial writ or process of any court of the United States…shall, except as otherwise provided by law, be fined not more than $300 or imprisoned not more than one year, or both.

Alaska Rules of Civil Procedure

Please note that lobbyists are active in Alaska and laws concerning civil procedure and process serving can change. Therefore the information listed below may have been amended. For updated process serving legislation, please visit the Alaska Judiciary and Courts website.

Rule 4. Process.

(a) Summons - Issuance.

Upon the filing of the complaint the clerk shall forthwith issue a summons and deliver it to the plaintiff or the plaintiff’s attorney, who shall cause the summons and a copy of the complaint to be served in accordance with this rule. Upon request of the plaintiff separate or additional summonses shall issue against any defendants.

(b) Summons - Form.

The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff’s attorney, if any, otherwise the plaintiff’s address, and the time within which these rules require the defendant to appear and defend, and shall notify the defendant that in case of defendant’s failure to do so judgment by default will be rendered against the defendant for the relief demanded in the complaint.

Service of all process shall be made by a peace officer, by a person specially appointed by the Commissioner of Public Safety for that purpose or, where a rule so provides, by registered or certified mail.

A subpoena may be served as provided in Rule 45 without special appointment.

Special appointments for the service of all process relating to remedies for the seizure of persons or property pursuant to Rule 64 or for the service of process to enforce a judgment by writ of execution shall only be made by the Commissioner of Public Safety after a thorough investigation of each applicant, and such appointment may be made subject to such conditions as appear proper in the discretion of the Commissioner for the protection of the public. A person so appointed must secure the assistance of a peace officer for the completion of process in each case in which the person may encounter physical resistance or obstruction to the service of process.

Special appointments for the service of all process other than the process as provided under paragraph (3) of this subdivision shall be made freely when substantial savings in travel fees and costs will result.

The term “peace officer” as used in these rules shall include any officer of the state police, members of the police force of any incorporated city, village or borough, United States Marshals and their deputies, other officers whose duty is to enforce and preserve the public peace, and within the authority conferred upon them, persons specially appointed pursuant to paragraph (3) of this subdivision.

(d) Summons - Personal Service.

(1) Individuals. ... by delivering a copy of the summons and of the complaint to to the individual personally, or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and of the complaint to an agent by appointment or by law to receive service of process

(4) Corporations. ... by delivering ... to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process

(12) Personal Service Outside State. Upon a party outside the state in the same manner as if service were made within the state, except that service shall be made by a sheriff, constable, bailiff, peace officer or other officer having like authority and jurisdiction where service is made, or by a person specifically appointed by the court to make service...

(f) Return.

The person serving the process shall give proof of service thereof ... promptly and in any event within the time during which the person served must respond to the process. ... If service is made by a person other than a peace officer, the person shall make affidavit thereof, proof of service shall be in writing and shall set forth the manner, place, date of service, and all pleadings or other papers served with the process. Failure to make proof of service does not affect the validity of the service.

Other Applicable Information about Service of Process in Alaska

Alaska Statute: Title 22. Judiciary

22.20.120. General Authority and Duty of the Commissioner

The authority necessary for the lawful performance of the duties of execution of service of process, seizure, and detention of property, the sale of property forfeited or levied upon, and arrest of persons, in connection with civil manners, is vested in the commissioner. Any court of the state issuing any process may direct the progress for execution of service to the commissioner or the designee of the commissioner.

Alaska Administrative Code: Title 13. Public Safety

067.5. In accordance with AS 22.20, it is the duty of the commissioner of public safety to provide for the proper service of process issued by the supreme court and all lower state courts. The supreme court, in Rule 11(b) of the Rules of Administration, Rules 4(c)(3) and 45 of the Rules of Civil Procedure, and Rule 17 of the Rules of Criminal Procedure, has specifically provided that process may be served by private persons appointed or designated by the commissioner. A civilian process server is a private person who, by virtue of holding a license issued under this chapter, may serve process under AS 22.20.120. The provisions of 067.010-067.990 address the application and licensing requirements, disciplinary guidelines, and standards of professional conduct that the commissioner finds are necessary to assure that the civilian service of process is done in accordance with the rules of the supreme court and in a manner that protects the public.

067.30. Process Server Application and Supporting Documents

(a) An application for a process server license must be submitted to the department on a form provided by the department printed legibly or typewritten. An application must include the following information about the applicant: [enumerates 18 items of personal information]

(c) The following items must accompany the application: two sets of fingerprints, fee for processing fingerprints, proof of surety bond, $25 nonrefundable application fee, and a copy of applicants valid Alaska business license.